specially concurring.
The opinion of the court is an excellent statement of what is statutorily required for termination of the rights of a natural parent by a state agency. I fully agree with the opinion and write this special concurrence only to make clear that I also am “indelibly committed” to the best interest of a child, but wish to make clear that while of paramount importance, the best interest is not the sole consideration in deciding these difficult cases. It is important that we acknowledge our sworn duty to uphold the law and apply statutes enacted by the legislature, which is the branch of government authorized by the constitution to legislate and establish the means and manner of terminating parental rights. It is important also that we understand that each case is different and must be governed by its own special facts and circumstances. Thus, the contest might be between parents having an equal right to custody of a minor child or, as in this case, it might be between a natural parent and a state agency seeking termination of parental rights. As described in the majority opinion of the court, there is a comprehensive set of statutes which prescribe with specificity the matters which must be considered, the rights of the respective parties, and what must be established to terminate the right of the natural parent to the custody of her child. An individual judge has a duty to act in accordance with those statutes and not the freedom to do on an ad hoc basis what according to his education and experience is in his opinion an appropriate disposition.
Suppose the contest were between a natural mother and a young woman who kidnapped a one-day-old baby from a hospital. The kidnapper was not discovered for three years, during which time she mothered and raised this child, provided all necessities, cared for the child very well, and provided an excellent home. The kidnapper is a modestly wealthy person who can give this child all advantages with respect to education, upbringing, and a stable home. The best interests of this child might be that the parental.right of the natural mother be terminated and custody be awarded to the kidnapper. There is no legal precedent of which I am aware that would support such a result, and I would hope that even a judge “indelibly committed” to the best *721interests of the child would not propose that a person who obtains possession of a child by their wrongful act should somehow gain personal custody as against a natural parent.